Ministry of Justice

Justice and Home Affairs pre-Council statement

Mr David Gauke: The EU Justice and Home Affairs Council of Ministers will meet on 6th and 7th of June in Luxembourg. I will represent the UK for Justice Day. Sir Tim Barrow, Permanent Representative of the UK to the EU and Chris Jones, Director of the Europe Directorate at the Home Office, will represent the UK for Interior day. Justice Day on 6th June will begin with a progress report on the proposal on the third-party effects of assignment of claims, which is currently being negotiated in Council working groups. The UK has opted out of this proposal but continues to input to ensure that the legislation does not create any unintended disruption to current financial market practice. There will then be a policy debate about the use of IT in the proposals to amend the Service and Taking of Evidence Regulations. Member States have been divided on the extent to which the processes in each should be digitised. Subject to further considerations about costs, Ministers will be asked whether a mandatory IT system should be introduced and, if so, whether it should be a centralised system or one that is decentralised and based on the existing systems in each Member State, and what preferences they have for the type of software that should be used. The UK opted in to the proposal on the Service Regulation but not the proposal on the Taking of Evidence Regulation. The Council will then discuss non-legislative activities. First, a policy debate on the future of EU substantive criminal law, which follows a survey of Member States seeking views on the use of substantive law in future EU proposals. Given it looks to future legislative activity, after UK Exit, the UK does not seek to direct the conclusions so I will not intervene. During the working lunch, I will discuss with other Ministers the use of judicial training to foster mutual trust and exchange views on ways to enhance the understanding, confidence and cooperation between judges and prosecutors within EU Member States. After lunch there will be a policy debate on the way forward in the field of mutual recognition in criminal matters. The aim of this debate is to identify matters which may help or hinder more effective mutual recognition, looking in particular at lessons that may be learned from recent CJEU caselaw and views put forward by Member States. In so far as this looks to future legislative activity, the UK does not seek to direct this project since it would be realised after UK Exit. The UK is, however, supportive of this work since we aim to be a cooperative partner following UK Exit, and as a Member State, have experience to offer to the project. I will therefore indicate that the UK will provide its general support and offer assistance. The Presidency will then put Council Conclusions which encourage Eurojust and the networks established in the area of judicial cooperation in criminal matters to further develop the coordination and synergies between them, to Ministers for adoption. The UK supports the work of Eurojust, and agrees that better coordination between networks hosted by Eurojust would be helpful for criminal justice cooperation. The Commission will provide an update on the planned preparatory steps to make the European Public Prosecutor’s Office (EPPO) operational by the end of 2020. The UK has not opted into EPPO. The Presidency will put the Council Decisions relating to the opening of negotiations for EU-US agreement on cross-border access to e-evidence, and authorising the participation in the negotiations on a second additional protocol to the Budapest Convention, to ministers for adoption. Whilst the UK supports the overall aim of enhanced international cooperation on e-evidence and its use in preventing and tackling harms to public security, it has not opted into these Council Decisions. Finally, Ministers will adopt the retention of data for the purpose of fighting crime. The agenda item relates to efforts to overcome the challenges of ECJ judgments relating to communications data regimes. The UK supports comprehensively exploring options for lawful regimes in Member States, although shares some concerns to an EU-wide legislative solution. The UK has not opted into the relevant measure(s) but this is of interest in the ongoing UK-US CLOUD Act negotiations. Lithuania will then provide information on Actions Against Judges and Prosecutors. Lithuania are seeking cooperation against any possible Interpol alerts launched by Russia to locate or arrest Lithuanian officials involved in a Lithuanian court against former Soviet military officials found guilty of war crimes and crimes against humanity committed in 1991. I will highlight that the UK considers very seriously any misuse of INTERPOL notices and is committed to ensuring that international norms and codes are upheld. Interior day will take place on Friday 7 June. Sir Tim Barrow, Permanent Representative of the UK to the EU and Chris Jones, Director of the Europe Directorate at the Home Office, will represent the UK for Interior day. The Council will hold a policy debate on the future of EU law enforcement, and in particular the need for an integrated approach to policing, interagency cooperation and further development of EU policing solutions. The UK supports the concept of an integrated approach to security, accompanied by the development of EU policing solutions which respond to changing threat landscapes and evolving technologies. The EU Counter-Terrorism Coordinator will then present on the implications of 5G for law enforcement work. The UK supports discussion at EU-level on this issue, and further thinking on the nature and extent of the challenges posed by this emerging technology. The Council will then receive an update on co-operation between competent authorities dealing with counter-terrorism. The Presidency will update on work being undertaken to explore practical ways on how to cooperate. The UK supports such co-operation where this adds value over existing exchanges between law enforcement authorities and Europol. Over lunch, Ministers will undertake an exchange of views with representatives of the UNHCR and the IOM on the challenges ahead on migration and asylum. Following the rise in migrant arrivals across the Central Mediterranean, the discussion will return to seeking sustainable solutions on disembarkation and strengthening the response upstream. The UK intervention will focus on our extensive support upstream which ranges from tackling organised immigration crime and the use of strategic communications to building partnerships and capability with source and transit countries to jointly address the drivers of migration. The Presidency will seek to reach a General Approach on the draft Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (recast), with the exception of Article 22 on the Border procedure and the related recitals. The UK has not opted into this measure and will not intervene. The Presidency will also seek partial General Approaches on draft Regulations establishing the Integrated Border Management fund, establishing the Asylum and Migration Fund, and establishing the Internal Security Fund. These are subject to wider negotiations on the overall Multi-Annual Financial Framework. The UK will not participate in any of these funds, and will not intervene.


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Judicial Update

Mr David Gauke: Today I am pleased to publish the Government’s Response to the Senior Salaries Review Body’s (SSRB) Major Review of the judicial salary structure.Our world-class independent judiciary is a pillar of our democracy and plays a unique role in ensuring our freedoms and prosperity. Every day judges take decisions on critically important issues that directly impact on people’s lives – from trying serious crimes, to deciding care arrangements for vulnerable children.High Court, Circuit and Upper Tribunal judges in particular play a pivotal role in our justice system. They preside over the most difficult and sensitive family cases and criminal trials, often involving horrific and distressing evidence; resolve the most valuable and legally complex civil disputes; and ensure that the government behaves in a lawful and fair manner.The importance and influence of our judiciary also reaches beyond our shores. Its reputation for integrity and impartiality helps attract international business to the UK, contributing to a legal services industry worth around £25 billion a year to our economy.These important judicial roles require highly experienced legal professionals with many years of training and experience behind them. It is imperative that we continue to attract the highest calibre candidates to take up these critical posts.The SSRB’s major review, which was presented to this House on 26 October 2018, identified clear evidence of severe recruitment and retention issues in the High Court, and of growing problems at the Circuit bench and similar issues in the Upper Tribunal.For the first time ever, in consecutive recruitment campaigns, we have now failed to fill vacancies in the High Court and at the Circuit bench. Currently more than 10% of High Court judicial positions remain unfilled and, as things stand, the Chancery Division of the High Court, which handles major commercial cases, is already 20% below strength and will be up to 40% below strength by the end of the year without urgent action. The impact of vacancies is already being felt in the family courts, where a shortfall of judges is contributing to significant delays in care proceedings, which involve vulnerable children.If these recruitment and retention issues are not addressed, cases will take longer to progress through our courts and tribunals, victims of crime will have to wait longer for justice, and vulnerable people and children will be left at risk. If we are unable to fill the growing number of vacancies with judges of the right quality, delays in our courts could also mean business is lost to other English-speaking courts in Singapore, Amsterdam, Paris and elsewhere.This Government is committed to delivering world class public services and taking action when the evidence requires it to ensure their continued delivery. That is why today I am announcing a series of policies to support recruitment and retention in the judiciary, to ensure our courts and tribunals system can continue to deliver important services.The Government is committed to addressing the underlying cause of the recruitment and retention problems. However, it would not be sensible to make pension changes when the McCloud litigation, which could have a significant but uncertain impact on public service pensions, is ongoing. Once that litigation has concluded, the government will bring forward legislation for a long-term, pensions-based solution for the whole judiciary.However, there is now a need for immediate action – which is why today I am announcing the introduction of a temporary recruitment and retention allowance at 25% for salaried High Court judges, and 15% for Circuit and Upper Tribunal judges covered by the new pension scheme.This measure will affect only about a quarter of the salaried judiciary and aims to resolve the immediate recruitment issue until a long-term, sustainable, pension-based solution can be implemented for all judges.It replaces the existing allowance of 11% for High Court judges, and is lower than the SSRB’s recommendation of a 32% permanent salary increase for High Court judges and a 22% increase for Circuit and Upper Tribunal judges covered by the new pension scheme, striking a balance between an appropriate investment of public funds and addressing serious recruitment and retention problems.We recognise that the SSRB also pointed to emerging recruitment issues at the District bench and, while the evidence of a problem is not currently strong enough to necessitate immediate action at this tier of the judiciary, we are committed to addressing the underlying cause of the recruitment and retention problems highlighted by the SSRB through a long-term solution for the whole judiciary, which will include pension scheme changes.The Government will also be making an annual pay award for 2019/20 of 2% for all judges, which will be backdated to 1 April 2019. In addition, we will ensure that judges are placed in the correct salary groupings based on the evidence provided by the SSRB and their independent job comparison panel. Salary group changes will come into effect at the start of the legal year, 1 October 2019.Similarly the Government will consult on measures designed to address pension tax disincentives that may encourage senior clinicians to limit or reduce their workloads while participating in the NHS Pension Scheme.In addition, the Government fully endorses the work that the Lord Chief Justice and Senior President of Tribunals are leading to strengthen leadership and support career development in a modern and professional judiciary.This includes taking practical steps by encouraging and supporting eligible candidates from under-represented groups successfully to apply for judicial office; supporting career progression for existing judges; growing leadership capability within the judiciary by implementing appraisals and career discussions; developing new training for leadership judges; and giving leadership judges the data and tools they need to drive performance in the system.This Government is committed to delivering world class public services and taking action when the evidence requires it to ensure their continued delivery. That is why today I am announcing a package of measures which strikes the right balance between the importance of ensuring we can recruit and retain world-class judges for the future and the necessary investment of public funds.A copy of the Government Response to the SSRB’s Major Review has been laid in both Houses and will be available online at www.gov.uk.

Treasury

Annual European Union Finances Statement

Elizabeth Truss: I am today laying before Parliament the "European Union Finances 2018: statement on the 2018 EU Budget and measures to counter fraud and financial mismanagement” (CP 114). This is a routine annual publication and is the thirty eighth in the series. The statement gives details of revenue and expenditure in the 2018 European Union Budget, recent developments in EU financial management and measures to counter fraud against the EU Budget. It also includes a chapter and annex on the use of EU funds in the UK over the period. This year, in light of the UK’s vote to leave the EU, the paper also contains an annex with the latest forecast (previously published in the OBR’s Economic and Fiscal Outlook in March 2019) of the UK’s financial settlement, as detailed in the Withdrawal Agreement. Since this forecast, the Government has agreed an extension of Article 50. This extension will affect the size of the financial settlement as the UK will make contributions to the EU as a Member State, which would have fallen due under the implementation period. The net effect on EU contributions is zero.


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Department for Transport

EU Transport Council

Chris Grayling: The Transport Council will be taking place in Luxembourg on Thursday 6th June. This will be the only Transport Council under the Romanian Presidency (the Presidency). The Council is expected to reach a general approach on a proposal from the third tranche of the ‘Mobility Package’ for a legal framework for the electronic communication of freight transport information. The proposal would oblige Member State authorities to accept electronic freight documents related to the transport of goods. The Government considers that the proposal includes some positive changes to modernise the processes and, as currently drafted, will provide an acceptable balance between EU-wide action and national discretion. Next, there will be a Progress Report on a proposal from the third tranche of the ‘Mobility Package’ for the Regulation on streamlining measures for the realisation of the trans-European transport network (TEN-T). The proposal aims to provide a streamlined approval process for transport infrastructure projects on the TEN-T, speeding up their implementation. Following this, the Council will give a Progress Report on a proposal from the first tranche of the ‘Mobility Package’ to revise the current directive on the use of hired vehicles which aims to regulate under which circumstances Member States could limit goods vehicles registered overseas from being hired by their hauliers. Afterwards, there will be a Progress Report on the proposal from the first tranche of the ‘Mobility Package’ to revise the current directive on Eurovignette (road charging). This will provide an update on negotiations on proposals to amend the current Directive on charging of heavy goods vehicles. Our view, that national governments should have the flexibility to do what is right in their circumstances, is shared by many other Member States. Next, the Presidency has prepared a Progress Report to on negotiations on proposals to revise the Regulation on rail passengers’ rights and obligations, aimed at strengthening the rights of rail passengers, including by improving access for people with disabilities or reduced mobility. Under Any Other Business, the Presidency will provide information on other current legislative proposals. Additionally, it will give an update on Clean Planet for all, the European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy. The Luxembourg delegation will present information on the tackling greenhouse gas emissions and congestion by aviation pricing. The Commission will supply information on three items: Airspace Capacity; Connectivity-related outcomes of the EU-China summit that took place in Brussels on the 9th April 2019; and a study on transport exteralities. The Polish delgation will supply information on the Conference on "Benefits for regions resulting from the implementation of the route Via Carpatia" that took place in Łańcut on the 17th April 2019. Finally, the Finnish delegation will provide information on the work programme of their forthcoming Presidency of the Council of the European Union. Over lunch, EU Ministers will be asked to endorse a Joint Declaration on transport cooperation between the EU and the six Eastern Partner Countries of Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. The Joint Declaration aims to take stock of the main achievements in the transport relations between the EU and the Eastern Partner Countries over the years and it is not legally binding. 


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Prime Minister

Names of Additional Grenfell Tower Inquiry Panel Members

Mrs Theresa May: The fire in Grenfell Tower on 14 June 2017 was an unimaginable tragedy that should never have happened. The Government set up the Grenfell Tower Inquiry to get to the truth about what happened, deliver justice for victims, survivors, bereaved families and the wider community, and to ensure that such a terrible tragedy could never happen again.Section 7 (1)(b) of the Inquiries Act 2005 allows me to appoint panel members to the Inquiry panel at any time during the Inquiry. I have recently announced that Professor Nabeel Hamdi and Thouria Istephan will be appointed to the Inquiry panel for phase 2 of the Inquiry’s work.Professor Nabeel Hamdi is a widely accomplished academic with an international reputation in housing and participatory design and planning. Thouria Istephan is an experienced and highly respected architect with a professional focus on health and safety. She is a partner at Foster + Partners and has a range of skills and experience directly relevant to the issues that the Inquiry will be investigating in phase 2 of its work.Given the extent of the tragic circumstances surrounding the fire, we should not be surprised by the scale and breadth of issues to be investigated that have emerged from the Inquiry’s work. Phase 2 of the Inquiry will be the largest phase in terms of the number and range of issues to be considered and I am confident that these appointments will ensure that the Inquiry panel has the diversity of skills and expertise necessary for the scope and complexity of issues to be addressed by phase 2 of the Inquiry’s work.I wrote to the Chair of the Inquiry, Sir Martin Moore-Bick, before recess informing him of my decision and to seek his consent to the appointments in accordance with section 7(2)(b) of the Inquiries Act 2005. Sir Martin replied on 29 May 2019 consenting to the appointment. Our exchange of letters can be found on gov.uk: https://www.gov.uk/government/publications/names-of-grenfell-tower-inquiry-panel-members-announced-30-may-2019.

Department for Exiting the European Union

General Affairs Council, May 2019

Mr Robin Walker: Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:I represented the UK at the General Affairs Council (GAC) in Brussels on 21 May 2019. Until we leave the European Union, we remain committed to fulfilling our rights and obligations as a full Member State and continue to act in good faith. A provisional report of the meeting and the conclusions adopted can be found on the Council of the European Union’s website at:https://www.consilium.europa.eu/en/meetings/gac/2019/05/19/Multiannual Financial Framework 2021 - 2027Ministers discussed the structure of external action expenditure during the 2021-2027 Multiannual Financial Framework (MFF). Discussion centred around the Neighbourhood, Development and International Cooperation Instrument (NDICI), and the European Development Fund (EDF). Ministers focused on the Commission’s proposal for integrating the EDF into the EU Budget. The Commission stated that this would streamline previous spending on external action by bringing together 12 programmes; a single and larger fund would have more flexibility to respond to emerging priorities. Several Member States argued that the European Neighbourhood should remain a separate fund or ring-fenced within the NDICI, due to the need to prioritise Europe’s near neighbours.Preparation of the European Council on 20-21 June 2019: Annotated Draft AgendaMinisters discussed the Annotated Draft Agenda of the European Council on 20-21 June. The agenda included the 2019-2024 Strategic Agenda, the 2021-2027 MFF, climate change and countering disinformation.The majority of Member State interventions focused on climate change, the Strategic Agenda and enlargement. Ministers were keen to balance ambitious goals with maintaining the global competitiveness of the EU, and being able to address citizens’ needs effectively. A number of Member States suggested that the Sibiu declaration should be incorporated into deliverable goals for the Strategic Agenda. Under discussions on enlargement, some Member States hoped that progress would be made at the June European Council to allow accession talks with North Macedonia and Albania.I intervened to welcome the Sibiu declaration on the Strategic Agenda. I also highlighted our commitment to combat disinformation in the EU through the Joint Action Plan, as well as domestically, through the White Paper on Online Harms and the Cairncross Review on upholding high quality journalism.

Foreign and Commonwealth Office

Annual Human Rights and Democracy Report 2018

Mr Jeremy Hunt: I have today laid before Parliament a copy of the 2018 Foreign and Commonwealth Office (FCO) Report on Human Rights and Democracy (Cp number: 104).The report analyses human rights developments overseas in 2018 and illustrates how the government worked to promote and defend human rights globally.The report assesses the situation in 30 countries, which the FCO has designated as its Human Rights Priority Countries. These are Afghanistan, Bahrain, Bangladesh, Burma, Burundi, Central African Republic, China, Colombia, Democratic People's Republic of Korea, Democratic Republic of Congo, Egypt, Eritrea, Iran, Iraq, Israel and the Occupied Palestinian Territories, Libya, Maldives, Pakistan, Russia, Saudi Arabia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Turkmenistan, Uzbekistan, Venezuela, Yemen and Zimbabwe.2018 marked the 70th anniversary of the Universal Declaration of Human Rights, and the 20th anniversary of the UN Declaration on Human Rights Defenders. The report demonstrates the principles and values enshrined in these Declarations. It sets out the UK's actions to promote human rights and democracy in a wide range of areas, including through partnerships with human rights defenders, our leadership on promoting media freedom and gender equality, our work to eradicate modern slavery, and our commitment to deliver change for those who are abused, targeted or killed for their beliefs.


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